From Casetext: Smarter Legal Research

People v. Gordon

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 2007
42 A.D.3d 964 (N.Y. App. Div. 2007)

Opinion

No. 876 KA 05-02520.

July 6, 2007.

Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered October 28, 2005. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL C. WALSH OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT.

Present — Martoche, J.P., Smith, Centra, Peradotto and Pine, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25), defendant contends that his waiver of the right to appeal was invalid. We reject that contention, based on defendant's response to Supreme Court's inquiry concerning the waiver as well as the facts and circumstances surrounding the waiver ( see People v Lopez, 6 NY3d 248, 256; People v Gilbert, 17 AD3d 1164, lv denied 5 NY3d 762; People v Coleman [appeal No. 1], 219 AD2d 827). The unrestricted waiver by defendant of the right to appeal encompasses his challenge to the court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833).


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 2007
42 A.D.3d 964 (N.Y. App. Div. 2007)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC M. GORDON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 6, 2007

Citations

42 A.D.3d 964 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5935
837 N.Y.S.2d 885

Citing Cases

The Peopl v. Jeffrey Schenk

We reject that contention. "[T]here is no requirement that the . . . court engage in any particular litany"…

People v. Trueheart

The record "establish[es] that the defendant understood that the right to appeal is separate and distinct…